Patna High CourtCR. MISC./656/2018bail granted

Brajesh Rai v. The State Of Bihar

2018-01-18Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.656 of 2018 Arising Out of PS.Case No. -140 Year- 2017 Thana -RAGHUNATHPUR District- SIWAN ====================================================== Brajesh Rai son of Purushottam Rai, resident of village Nikhti Khurd, P.S. Raghunathpur, District Siwan.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dineshwar Pandey For the Opposite Party/s : Mr. Mustaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-01-2018 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Raghunathpur P.S. Case No. 140 of 2017 for the offences punishable under Sections 272, 273,308 of the Indian Penal Code, 30,38 and 41of the Bihar Prohibition and Excise Act, 2016. The allegation of the prosecution is that a Scorpio vehicle was apprehended and 360 liters of illicit liquor was recovered. Thereafter, occupants of the said vehicle are said to have fled away, however, the police personnel of a nearby police station recognized them and arrested them and one of them is said to be the petitioner herein.

The learned counsel for the petitioner submits that the petitioner is neither the driver nor the owner of the said vehicle and he has been falsely implicated in the present case. It is stated

Patna High Court Cr.Misc. No.656 of 2018 (2) dt.18-01-2018 2/2 that the petitioner herein is accused in two similar type of cases in which he has been granted bail. The petitioner is in custody since 13.10.2017.

Considering the nature of accusation and the period of custody already undergone, the petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs. 1,00,000/- ( Rs. One lakh) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-I1, Siwan in connection with Raghunathpur P.S. Case No. 140 of 2017.

(Mohit Kumar Shah, J) BTiwary/- U T